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Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)
....২/বগ-২/২০০২/৭৯৬ dated 24.7.2007 (Annexure-F) issued by respondent No.4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for disposal of this Rule, are that the petitioners a......LD (HCD) (2009) 280. ......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ..Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... Nos.6 and 7 and a supplementary Rule Nisi was issued upon them. On 19.1.2009, Dr. Khondoker Md. Abu Zalal filed an application for addition of party and that application was allowed too. 3. The facts leading to the issuance of the Rule Nisi, in brief, are: 4. The writ petition was filed b......) 183. ......pt in its custody till she leaves Bangladesh. In this connection, it is important to mention that the High Court of Justice, Family Division, England has taken up the issue of the detenu as evidenced by Annexure-L1 to the supplementary affidavit. A copy of the order (Annexure-L1) of High C..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
....learned District Judge was well founded in dismissing the
appeal of the petitioner upon purported rejection of the prayer for condo
nation of delay.
24. In order to dispose of such issue, the
facts that are relevant, in brief, are that the petitioner on 24-4-08 presented
the aforesaid appea......Division
(Civil
Revisional Jurisdiction)
Present:
Md.
Abdur Rashid J
Gour Netai Sri Sri Modan Mohan Das
Bigraha…………… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The ......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....l Karim J. - The Appeal, by leave, is directed against the judgment and order dated 24-2-1997 passed by the High Court Division in Writ Petition No.2595 of 1990 discharging the Rule. 2. The facts of the case, in short, are that respondent, Chittagong Port Authority and other Shipping Agent......Fazlul Karim J Md. Joynul Abedin J James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17, 2008. Result: Th......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2) The Anti Corruption Commission Rules, 2007; Rule 15 (2) 'Sanction' is an administrative act and isn’t subject to any judicial scrutiny……………..(21) ...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....rteen years later by this Court under circumstances where it now falls under the purview of Section 43 of the Companies Act, 1994 (“the Act”). 2. This Matter arises in the context of facts and issues pertaining to the Respondent No.1 M.M. Ispahani Ltd. (“the Company”) th......ial Original Jurisdiction) Present: Syed Refaat Ahmed J MM Ali Ispahani, son of Late Mirza Mahmood Ispahani, resident of Flat No.4 Mansion, Ispahani Colony Maghbazar, P.S. Ramna, Dhaka and others….................... Petitioners. Vs. MM Ispahani Ltd., 14-15 Motijheel ......or the Petitioners Mr. Akhtar Imam has referred in this regard to Article 140 of the Company’s Articles of Association (“Articles”) (Annexure-‘A’) which he submits is in evidence of the fact that the general powers of management of the Company as vest in the directors a..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....td. canceling the nomination paper of the petitioners should not be declared to have been passed illegally, without jurisdiction and without lawful authority and is of no legal effect. 3. The facts necessary for the disposal of the Rules, in brief, are that the petitioners are engaged with ......d. Imman Ali J Md. Ashfaqul Islam J Abul Kashem (Md.)……………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Local Government and Co-operatives and others………………Respondents Judgment November 27, 2008. ......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....peril and this appellant though knew the fate of the victim girl, took that opportunity of free consent and mixing which does not fall within the purview of any legal action. Considering all these facts and circumstances of this case we find that the charge brought against the convict-appellant ...... Criminal Appeal No. 2970 of 2006. Judgment Md. Arayesuddin J. - Convict-appellant Md. Kamal Hossain alias Md. Kamal Pramanik has preferred this criminal appeal against the judgment and order, dated 3-5-2006, passed by the learned Nari-o- Shishu Nirjatan Daman Tribunal, Natore, in...... which was read over and explained to the accused to which both of them pleaded their innocence and claimed to be tried. Accordingly, the learned Tribunal examined the witnesses by recording their evidences and thereafter again examined the accused under section 342 of the Code of Criminal Proce..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....he judgment and order dated 30.04.2000 passed by the learned Senior Assistant Judge, Munshiganj, in Pre-emption Miscellaneous Case No.35 of 1999 allowing the said Miscellaneous Case. 2. The facts involved for disposal of the rule are as follows: The opposite party No.1 as petitioner f......ent: Md. Mizanur Rahman Bhuiyan J Mosammat Kazi Shamsunnahar……………………………Petitioner Vs. Md. Ramjan Molla and others……………………………&h......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....opposite parties to show cause as to why the case, referred above, shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, facts relevant for disposal of this Rule are as follows: On 3-10-2007 one Syed Ahmed, Assistan...... Result: The Rule is discharged. Interpretation of Statute The language of the statute is not always a decisive factor in determining whether the particular provision of a statute is mandatory or directory. The language of the statute cannot always be faultless, and this leaves room ...... The application for quashment of the criminal proceeding under section 561A of the Code cannot be also entertained after the lapse of significant amount of time, e.g. at the stage of trial where evidence of 17 witnesses have already been recorded by the trial Court. Cases Referred to- ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ...... 485. ......ance with the provision made in section 6 of the said ordinance which will give an opportunity to the aggrieved employee of the BDR to explain his position and to prove his innocence through adducing evidence and also allow him to prefer an appeal under section 7 of the said ordinance. The learned s..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
.... of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-04-2005 respondent No.1 Al-Arafa Islami Bank Ltd. Moulvi ......urt Division (Special Original Jurisdiction) Present: Zinat Ara J Syed Md. Ziaul Karim J Mosammat Setara Begum..........Petitioner Vs. Al-Arafah Islami Bank Ltd. and others.............Respondents Judgment November 11, 2008. Result: The Rule......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
.... of the petitioner for promotion to the post of Deputy Director in General Administrative Cadre of Bangladesh Water Development Board as per provision of Rules applicable to his service. 2. The short facts of the case of the petitioner, is that, he was appointed as Security Supervisor of Bangladesh ......cial Original Jurisdiction)
Present:
AFM Abdur Rahman J
SM Emdadul Hoque J
Khabiruddin Ahmed…………………….Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………………Respondents
Judgment
November 9, 2008.
Result:
The ......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....ri, in Artha Rin Execution Case No. 13 of 2005 arising out of Artha Rin Suit No. 45 of 2004, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 29-4-2004, the respondent No. 2, Sonali Bank, Rajbari Branch ......n (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Akramuzzaman (Md.) alias Babu ……………. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: Th......r filing of the suit mortgagor Halima Begum died, and the petitioner was added as defendant No. 4 as heir of Halima Begum, at the instance of the bank. The suit was decreed expert on consideration of evidence on record. When the petitioner failed to pay the decretal dues within sixty days, then the ..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
.... pertaining to the right acquired by third parties against a
P&I club under a contract of indemnity between the P&I club and their
members and that the application of that decision to these facts and
circumstances is at best misconceived. It is evident that in The
"Fantail" and the "Padr......
(Admiralty
Jurisdiction)
Present:
Syed
Refaat Ahmed J
United Edible Oils Ltd…………………plaintiff
Vs.
London Steam Ship Owners'
Mutual Insurance Association Ltd. and other(s) …………Defendants
Judgment
October 26, 2008.
Result:
The
Appl......association of ship owners which provides
indemnity insurance in respect of covered risks in accordance with its policy
of insurance with each member, and the terms of which are contained in and/or evidenced
by such club's (i) Rules; and (ii) the Certificate of Entry issued to that
member. The i..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... Noakhali District Jail should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is the wife of the deten......rt High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Farid Ahmed J Taj Nahar Begum..................Petitioner Vs. Government of Bangladesh and others………............Respondents Judgment August 20, 2008. Result: The Rule i...... memoranda from the Ministry of Home Affairs, Government of Bangladesh through the Deputy Commissioner, Noakhali to arrest the detenu. The detention was declared illegal by the High Court Division as evidenced by the order dated 11-1-2001 of the Court of Magistrate, Noakhali. The detenu has since ..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
....force in the submission of Mr. Zainul Abedin, the learned Advocate for the petitioner. The decisions cited by the learned Assistant Attorney-General for the opposite party are distinguishable on facts. 11. In view of the discussions made above, we are constrained to hold that the continuat.........Opposite Party Judgment August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified time was made and no allegation of inducement for getting the loan money from the informant was made. The accused ...... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
....ed on Mrs. Anwara Rahman, added respondent No. 6 who also appeared by filing a vokalatnama and affidavit-in-opposition before this Court. After that, the Rule Nisi was heard on merit.
3. The facts leading to the issuance of the Rule, in brief, are:
The Bangladesh Jatiyo Mohila Ainj......)
Present:
Syed Mahmud Hossain J
Farid Ahmed J
Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner
Vs.
Ministry of Home Affairs and Others.............. Respondents
Judgment
August 14, 2008.
Result:&nb......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.
Farid Ahmed J.- I agree.
This Case is also Reported in: 61 DLR (HCD) (2009) 371.
..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....dly, there are vacant posts of judges both in the Appellate Division and in the High Court Division and appointment of judges to these vacant posts has become necessary. 150. All these admitted facts and circumstances rendered the promulgation of the impugned Ordinance urgently necessary for f...... Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs. India: AIR 1982 SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Banglade......বিচারক নিয়োগে ভুলের কারণে মহা প্রলয় ঘটে গেছে which was widely circulated in the national media. There are sufficient admitted evidences and circumstances, which satisfied the President who thought it expedient to take immediat..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
....hittagong after going through the evidence on record and after scrutinizing the evidence on record clearly and elaborately discussed the evidence and taking into consideration the facts and circumstances of the case and also the legal aspect of the case came to a proper and justi......Md. Dabirush-Shan J
S.M. Mohiuddin Hossain…………………………Petitioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
......ence the plaintiff filed the suit and as such the suit is liable to be dismissed.
5. During the course of trial the learned Assistant Judge after concluding the trial and on consideration of the evidence on record both oral and documentary decreed the suit in favour of the plaintiff by his judg..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
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